Texas 2025 - 89th Regular

Texas House Bill HB1189 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R620 CJD-F
2	2	By: Troxclair H.B. No. 1189
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use by a political subdivision of public funds for
10	10	lobbying and certain other activities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 556, Government Code, is amended by
13	13	adding Section 556.0056 to read as follows:
14	14	Sec. 556.0056. RESTRICTION ON USE OF PUBLIC FUNDS BY
15	15	POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) A political
16	16	subdivision may not spend public funds:
17	17	(1) to hire an individual required to register as a
18	18	lobbyist under Chapter 305 for the purpose of lobbying a member of
19	19	the legislature; or
20	20	(2) to pay a nonprofit state association or
21	21	organization that:
22	22	(A) primarily represents political subdivisions;
23	23	and
24	24	(B) hires or contracts with an individual
25	25	required to register as a lobbyist under Chapter 305.
26	26	(b) If a political subdivision engages in an activity
27	27	prohibited by Subsection (a), a taxpayer or resident of the
28	28	political subdivision is entitled to appropriate injunctive relief
29	29	to prevent further activity prohibited by that subsection and
30	30	further payment of public funds related to that activity.
31	31	(c) A taxpayer or resident who prevails in an action under
32	32	Subsection (b) is entitled to recover from the political
33	33	subdivision the taxpayer's or resident's reasonable attorney's fees
34	34	and costs incurred in bringing the action.
35	35	SECTION 2. Section 81.026, Local Government Code, is
36	36	amended to read as follows:
37	37	Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON
38	38	ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or county
39	39	commissioner may serve on the governing body of or any committee
40	40	serving an association of counties created or operating pursuant to
41	41	the provisions of Section 89.002, including a nonprofit state
42	42	association or organization, except that the county judge or county
43	43	commissioner may not spend public funds to serve on the governing
44	44	body or committee or to join or otherwise become a member of the
45	45	association of counties in violation of Section 556.0056,
46	46	Government Code. A county judge or county commissioner may serve as
47	47	a member of any board of trustees or board of directors or other
48	48	governing body of any trust or other entity created pursuant to
49	49	interlocal contract for the purpose of forming or administering any
50	50	governmental pool, self-insurance pool, insurance pool, or any
51	51	other fund or joint endeavor created for the benefit of member
52	52	counties and political subdivisions. In addition, a county judge
53	53	or county commissioner may serve as a member of the board of
54	54	directors of any nonprofit corporation that is created and exists
55	55	solely for the purpose of providing administrative or other
56	56	services to such trust or other entity. A county judge or county
57	57	commissioner, acting as a member of any such board or committee, may
58	58	perform any act necessary or appropriate for the rendition of such
59	59	service, including the casting of votes and deliberations
60	60	concerning and execution of contracts or claims with or against any
61	61	county. A county judge or commissioner may participate in
62	62	deliberations concerning and cast any vote on any matter before the
63	63	commissioners court affecting the execution of any contract with or
64	64	the payment of claims, premiums, dues, or contributions to any such
65	65	trust, association, nonprofit corporation, or entity or any related
66	66	matter.
67	67	SECTION 3. Section 89.002, Local Government Code, is
68	68	amended to read as follows:
69	69	Sec. 89.002. STATE ASSOCIATION OF COUNTIES. (a) Except as
70	70	provided by Section 556.0056, Government Code, the [The]
71	71	commissioners court may spend, in the name of the county, money from
72	72	the county's general fund for membership fees and dues of a
73	73	nonprofit state association of counties if:
74	74	(1) a majority of the court votes to approve
75	75	membership in the association;
76	76	(2) the association exists for the betterment of
77	77	county government and the benefit of all county officials;
78	78	(3) the association is not affiliated with a labor
79	79	organization; and
80	80	(4) [neither the association nor an employee of the
81	81	association directly or indirectly influences or attempts to
82	82	influence the outcome of any legislation pending before the
83	83	legislature, except that this subdivision does not prevent a person
84	84	from providing information for a member of the legislature or
85	85	appearing before a legislative committee at the request of the
86	86	committee or the member of the legislature; and
87	87	[(5)] neither the association nor an employee of the
88	88	association directly or indirectly contributes any money,
89	89	services, or other valuable thing to a political campaign or
90	90	endorses a candidate or group of candidates for public office.
91	91	(b) If any association or organization supported wholly or
92	92	partly by payments of tax receipts from political subdivisions
93	93	engages in an activity described by Subsection (a)(4) [or (5)], a
94	94	taxpayer of a political subdivision that pays fees or dues to the
95	95	association or organization is entitled to appropriate injunctive
96	96	relief to prevent any further activity described by Subsection
97	97	(a)(4) [or (5)] or any further payments of fees or dues.
98	98	SECTION 4. Section 556.0056, Government Code, as added by
99	99	this Act, applies only to an expenditure or payment of public funds
100	100	by a political subdivision that is made on or after the effective
101	101	date of this Act, including an expenditure or payment of public
102	102	funds by a political subdivision that is made under a contract
103	103	entered into before, on, or after the effective date of this Act. A
104	104	contract term providing for an expenditure or payment prohibited by
105	105	Section 556.0056, Government Code, as added by this Act, is void on
106	106	the effective date of this Act.
107	107	SECTION 5. Section 89.002, Local Government Code, as
108	108	amended by this Act, applies only to the spending of money by a
109	109	county from the county's general fund that occurs on or after the
110	110	effective date of this Act. The spending of money by a county from
111	111	the county's general fund that occurs before the effective date of
112	112	this Act is governed by the law as it existed immediately before the
113	113	effective date of this Act, and that law is continued in effect for
114	114	that purpose.
115	115	SECTION 6. This Act takes effect September 1, 2025.